Disciplinary Counsel v. Insley

104 Ohio St. 3d 424 (2004) · Supreme Court of Ohio · December 15, 2004

Summary

The Ohio Supreme Court held that an attorney committed professional misconduct by fabricating a court filing and judicial signatures, misrepresenting the filing to school officials, and neglecting the client’s temporary-custody matter. The court imposed an indefinite suspension from the practice of law and taxed costs to the respondent.

Holdings

  1. Insley violated DR 1-102(A)(4), DR 1-102(A)(5), DR 1-102(A)(6), DR 6-101(A)(3), DR 7-101(A)(1), and DR 7-101(A)(2).
  2. An indefinite suspension from the practice of law was the appropriate sanction for Insley's misconduct.

Questions Presented

  1. Whether Insley committed the charged violations of the Code of Professional Responsibility by fabricating a court document, misrepresenting its filing and effect, neglecting the entrusted legal matter, and failing to pursue and carry out the client's lawful objectives.
  2. What sanction was appropriate for the combination of dishonesty, misrepresentation, fabrication of judicial officers' signatures, neglect, and nonparticipation in the disciplinary process.

Disposition

other

Cases Cited (5)

  • Disciplinary Counsel v. Greene, 74 Ohio St. 3d 13, 655 N.E.2d 1299 (1995)(followed)
  • Disciplinary Counsel v. Bandy, 81 Ohio St. 3d 291, 690 N.E.2d 1280 (1998)(followed)
  • Disciplinary Counsel v. Fowerbaugh, 74 Ohio St. 3d 187, 658 N.E.2d 237 (1995)(followed)
  • Disciplinary Counsel v. Trumbo, 76 Ohio St. 3d 369, 667 N.E.2d 1186 (1996)(followed)
  • Disciplinary Counsel v. Hutchins, 102 Ohio St. 3d 97, 2004-Ohio-1805, 807 N.E.2d 303, ¶ 31(followed)

Cited In (0)

No citing cases on record yet.

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